Judge To Hear Arguments On Retrial In 1990 Gang Killing

A Kane County judge deciding whether to grant a 26-year-old Aurora man a new trial for a 1990 homicide in his hometown will hear from attorneys in the case next month.

Judge F. Keith Brown on Friday granted a prosecutor's request to present arguments on whether a full hearing on retrying Jose Loera is needed. At issue is the testimony of two key witnesses against Loera, alleged leniency by prosecutors in exchange for testifying and whether the prosecutors failed to disclose any deals with the witnesses.

Loera's co-defendants were granted new trials because of the questionable maneuvering by the Kane County state's attorney's office. Prosecutor Salvatore LoPiccolo told the judge Friday he would like to call witnesses and present the state's view that there was no deal for testimony, making a new trial for Loera unnecessary.

LoPiccolo said Kane County Judge Donald Hudson did not give the matter a full hearing when he granted co-defendant Jorge Carvajal a new trial in May. Hudson's decision came a year after Brian Torres, a third man convicted in the shooting death of Dennis Evans, had his conviction reversed by the Illinois Appellate Court on the grounds that there was a secret agreement with two prosecution witnesses.

Prosecutors need a chance to fully explore the facts of the case for the court, LoPiccolo argued.

The judge said he will listen to both sides' views on a new hearing Aug. 16. Loera attorney Steven Greenberg told the judge the decision is clear, saying the appeals court and one of Brown's Kane County colleagues already have spoken on the matter. Greenberg said Loera, who was sentenced to 50 years in prison for the crime, was affected by the same prosecutorial misstep as Torres and Carvajal. Brown indicated he would speak to Hudson before making a decision.

Loera, Carvajal and Torres--plus a fourth man who was tried separately--were convicted of killing Evans June 3, 1990. Prosecutors have called the men gang members and said they were targeting members of a rival gang when they fired on an outdoor birthday party on Beach Street in Aurora. Two men were wounded in the gunfire, and Evans suffered a fatal head wound.

Since being granted a new trial, Torres has pleaded guilty in exchange for a lighter sentence of 25 years. Carvajal is scheduled for a bench trial next month.

Greenberg has said Loera will not seek a deal with prosecutors, but might consider an agreement that would lead to his release from prison.